Sexual Assault Conviction Overturned Because Trial Judge Interferred With Cross-Examination – R v Q, 2019 Alberta Court Of Appeal
Defence appeal from conviction at trial of sexual assault. Issue on appeal of whether the trial judge’s numerous interjections during cross-examination of the complainant impeded the accused’s right to make full answer and defence. Held: Appeal allowed; new trial ordered. Schmaltz, 2015 ABCA 4 followed. “A review of the transcript of the cross-examination of the … Read More.
Acquittal On Impaired Care Or Control Case – R v B, 2019 Edmonton Provincial Court
Client charged with care or control of vehicle while ability impaired and while blood alcohol concentration was over limit. Client had been found in driver’s seat with keys in ignition upon police arrival. Provided samples of breath that were more than twice the legal limit. Held: Acquittal. Court heard evidence of client’s intention to be … Read More.
Crown Inviting Dismissal Of Charge – R. v. I., 2019 Ft. McMurray Provincial Court
Client charged with possession of various substances for the purposes of trafficking after landlord discovered evidence of cocaine to crack conversion in a closet. Police executed a search warrant and client was found inside the premises. Held: Acquittal. Case proceeded to trial, but after hearing defence lawyer’s cross examination of their star witness, the Crown … Read More.
Crown Withdraws Drug Trafficking Charges Following Cross-Examination of Police Officer – R. v M., 2019 Edmonton Provincial Court
Client was charged with drug trafficking. The allegations were that the client was involved in a hand-to-hand drug transaction with an undercover police officer. The investigation relied on a “catch-and-release” method, whereby the suspect is identified, but not immediately arrested, following an undercover buy. Held: Charges withdrawn. Crown elected to withdraw the charges at the … Read More.
Client acquitted of second degree murder & manslaughter – R. v M.L. 2019 Edmonton Queen’s Bench
Client charged with 2nd degree murder of friend. Alleged that client stabbed a friend with intention to cause death or serious bodily harm likely to cause death. Held: Directed verdict of not guilty of murder at conclusion of Crown’s case. Case proceeded on basis of manslaughter and client acquitted of this charge after testifying. Evidence … Read More.
Assault Conviction Overturned – R. v G., 2018 Alberta Court Of Appeal
Defence appeal from assault conviction in Fort McMurray Provincial Court. Domestic situation. At trial, complainant testified the fight was consensual but she did not want to be choked. Held: Appeal allowed. “The proper question was not whether the complainant consented to each and every application of force during the course of the fight, or whether … Read More.
Crown Invites Dismissal Of Forcible Confinement Mid-Trial – R. V J. 2018 Edmonton Provincial Court
Accused was charged with forcible confinement of his former spouse. Complainant testified to being forcibly confined in a shared residence with the accused, prior to fleeing the residence and contacting police. Accused testified that there was a domestic argument, but that the allegations of forcible confinement were fabricated. Held: Charge dismissed. After the complainant was … Read More.
Homicide Charge Stayed – R v K. Edmonton Court of Queen’s Bench
Client originally charged with second-degree murder in the death of an elderly male. Incident occurred at the client’s apartment, and both parties were intoxicated. Evidence suggested that the man died from a single stab wound to the shoulder inflicted by the female client. She called 911, reporting at the same time that the man had … Read More.
DUI/Impaired Driving – Stay Of Proceedings – Charter Breaches: R. v C. 2018 Stony Plain Provincial Court
Accused charged with impaired driving and driving over .08. Stopped by Sheriff for speeding. Suspected of driving while under influence of alcohol. Sheriff called for RCMP to do impaired investigation but did not inform accused of the main reason for her detention or her right to counsel. RCMP called to bring roadside screening test. Delay … Read More.
Acquitted Of Assault Causing Bodily Harm – Defence Of Self & Property: R v T, 2019 Red Deer Provincial Court
June 10th, 2019 • Counsel: Tania Shapka • Tagged: Acquittal, Assault Bodily Harm, W(D)
Client charged with assault causing bodily harm. Alleged that client assaulted a family member in the course of an argument. Complainant testified to being assaulted (punched and dragged) by the Accused. Client testified that there was pushing and shoving, but that the complainant was the aggressor and client was acting in defence of himself and … Read More.